Quote:
Originally Posted by Ryan_CA  My 17 year old brother has been threatened physically by another boy, but he is afraid of calling the police because the boys father is a police officer. When I lived in VA, I went to the magistrate and swore out a warrant to solve a similar problem. What is the process to start proceedings on a case like this in CA? Can it be done in the court or at a magistrate? Does it start with the District Attorney's office? etc. |
You have to call the police department and ask that a report be made. YOU do not have the choice of filing charges, that will be up to the District Attorney.
I suggest your son write out his statement (or type it out), so that there will be no mistaking what he has to say. Then, call the police department or go TO the department to make the report. After that, it's up to others to decide if anything will happen.
The report will likely be forwarded to Juvenile Probation and they will decide what to do - if anything - after that.
As a side note, "physically threatening" another child is not likely to be a crime in CA. A conditional threat to kick someone's tail could result in punishment from the school if it happened at the school or while to or from school, but it is rarely going to be criminal. The closest it would likely come would be a challenge to fight (a low-grade misdemeanor per PC 415). Unless he admits to making an unprovoked and unilateral threat, it is unlikely that anything more than a dressing down by a probation officer is likely.
- Carl
08-24-2008, 08:45 PM
Linear Mode
